 the basics of Human Rights terminology, concepts, documents, & other ‘must-knows’. The Sexual and Reproductive Health and Rights Toolkit The Women’s Global Network for Reproductive Rights

 ‘fundamental’  ‘inherent’  ‘inalienable’  ‘universal’  ‘indivisible’  ‘interdependent’

 ‘fundamental’: individuals need them to survive.  ‘inherent’: not ‘given’ to someone. Every person has them and is entitled to them by virtue of being human.  ‘inalienable’: cannot be taken away.  ‘universal’: available to all without distinction regardless of gender, race, age, ethnicity, or other status.  ‘indivisible’: no hierarchy in rights.  ‘interdependent’: not separable, connected.

What are some of the fundamental, inherent, indivisible, & interrelated rights that you can think of?

 Right to Health  Right to Life  Right to Education  Right to Bodily Integrity  Right to Privacy  Right to Freedom from Torture

What other abortion- specific rights can you think of?

 Convention on All Forms of Discrimination Against Women [CEDAW]  Convention on the Rights of Child [CRC]  Convention Against Torture [CAT]  Beijing Platform for Action [BPfA]  International Conference on Population and Development Programme of Action [ICPD PoA]

 African Charter on Human and Peoples’ Rights  Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa  African Charter on the Rights and Welfare of the Child  Maputo Plan of Action

Are all these instruments the same?

 ‘convention’: a legally binding agreement between States. When adopted by the UNGA, international norms & standards are created. Member States then ratify it, promising to uphold it. States that violate the terms of the convention can be censured by the UN. Also: Treaty or covenant.  ‘consensus’: agreed upon by all States, but is not legally binding. However, is morally binding as ‘signed’ or ‘agreed’ to by States.  ‘declaration’: not legally binding, indicates that Parties do not intend to create binding obligations but want to declare aspirations. [UNDHR was not originally intended to have binding force, provisions have since gained binding character as customary law]  ‘ratified’: process by which a legislative body of a State confirms a government’s action in signing a treaty. This is the formal procedure by which a State becomes bound to a treaty.

 ‘signed’: The first step in ratification- constitutes a promise to adhere to the principles in the document & honour its spirit, but is not legally binding. Implies State will examine treaty domestically. Does not oblige State to ratify, but must refrain from acts that undermine or defeat treaty’s purpose or spirit.  ‘resolution’: Usually in reference to the UN. Resolutions are agreed upon by Member States and are binding.  ‘optional protocol’: ‘protocol’ is an additional legal instrument that complements or adds to a treaty. Optional because it does not automatically bind States that ratified the original treaty.  ‘reservations’: The exceptions that a States Parties make to treaties – specific provisions. However, reservations do not undermine the fundamental meaning of the treaty.

States are obligated to uphold documents, treaties, conventions, covenants, agreements & etc. that it has been party to in one form or another.

 ‘respect’: the government shall not itself interfere or limit rights. [e.g.: restrictive laws]  ‘protect’: restrain others from interfering with rights. [e.g.: prohibiting health care centres from providing sub-standard care]  ‘fulfill’: take steps to ensure that it’s people can enjoy and exercise their rights. [e.g.: ensure there are hospitals]

 Periodic Reports to Committees under the respective treaty.  Creating and submitting Shadow Reports.  Following up on Committee recommendations on the reports. [States are obligated to respond.]  Regional Court Systems.  Individual Reporting Mechanisms.

How else can activists enforce obligations?

 Individuals have entitlements, are ‘rights holders’.  Unchallengeable.  Non-Discriminatory.  The State, as the ‘duty bearer’ has an obligation to uphold its peoples’ rights.

Why else should we use a Human Rights approach?

 The Sexual and Reproductive Health and Rights Toolkit The Women’s Global Network for Reproductive Rights